STATE OF LOUISIANA
PARISH OF CADDO
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
THIS DECLARATION made before me, a Notary Public, duly commissioned and
qualified in and for the Parish of Caddo, State of Louisiana, and the undersigned competent
witnesses, PERSONALLY CAME AND APPEARED:
The Point at Cross Lake, Inc., a Louisiana corporation, with a mailing address
of _______________, being represented by ____________, its _________, duly
authorized to act herein,
hereinafter referred to as “Declarant”.
WITNESS:
Declarant is the owner of certain property in the City of Shreveport, Parish of Caddo,
State of Louisiana, which is more particularly described as follows:
Lots 1-24, 1000 and 2000 The Point at Cross Lake as shown on plat recorded ________
as Instrument No. _______of the Conveyance Records of Caddo Parish, Louisiana.
THEREFORE, Declarant hereby declares that all of the properties described above shall
be held, sold and conveyed subject to the following easements, restrictions, covenants and
conditions, all of which are for the purpose of enhancing and protecting the value, desirability,
and attractiveness of the real property. These easements, covenants, restrictions and conditions
shall run with the real property and shall be binding on all parties having or acquiring any right,
title or interest in the described properties or any part thereof, and shall inure to the benefit of
each owner thereof.
ARTICLE I
DEFINITIONS
Section 1.
“Association” shall mean and refer to THE POINT AT CROSS LAKE
HOMES ASSOCIATION, INC., a Louisiana non-profit corporation.
Section 2.
“Properties” shall mean and refer to that certain real property hereinabove
described, and such additions thereto as may hereafter be brought within the jurisdiction of the
Association.
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Section 3.
“Common Area” shall mean all real property owned by the Association
for the common use and enjoyment of the members of the Association. The common area to be
owned by the Association at the time of conveyance of the first lot is described as follows:
(description of Common Area)
Section 4.
“Lot” shall mean and refer to any plot of land shown upon any recorded
subdivision map of the properties and annexations thereto with the exception of the common
area.
Section 5.
“Member” shall mean and refer to every person or entity who holds
membership in the Association.
Section 6.
“Owner” shall mean and refer to the record owner, whether one or more
persons or entities, of a fee simple title to any lot which is part of the properties, including
contract sellers, but excluding those having such interest merely as security for the performance
of an obligation.
Section 7.
“Declarant” shall mean and refer to The Point at Cross Lake, Inc., its
successors and assigns, if such successors or assigns should acquire more than one undeveloped
lot from Declarant for the purpose of development, and such purchaser is specifically designated
as a “Declarant.”
ARTICLE II
MEMBERSHIP
Every person or entity who is a record owner of a fee or undivided fee interest in any lot
which is subject by covenants of record to assessment by the Association, including contract
sellers, shall be a member of the Association. The foregoing is not intended to include persons
or entities who hold an interest merely as security for the performance of an obligation. No
owner shall have more than one membership. Membership shall be appurtenant to and may not
be separated from ownership of any lot which is subject to assessment by the Association.
Ownership of such lot shall be the sole qualification for membership.
ARTICLE III
VOTING RIGHTS
The Association shall have two classes of voting membership:
Class A.
Class A members shall be all those owners as defined in Article II with the
exception of the Declarant. Class A members shall be entitled to one vote for each lot in which
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they hold the interest required for membership by Article II. When more than one person holds
such interest in any lot, all such persons shall be members. The vote for such lot shall be
exercised as they among themselves determine, but in no event shall more than one vote be cast
with respect to any lot.
Class B.
The Class B member(s) shall be the Declarant. The Class B member(s)
shall be entitled to three (3) votes for each lot in which it holds the interest required for
membership by Article II, provided that the Class B membership shall cease and be converted to
Class A membership on the happening of the later of the following events:
(a)
When the total votes outstanding in Class A membership equal the total votes
outstanding in the Class B membership; or
(b)
On December 1, 2030.
ARTICLE IV
PROPERTY RIGHTS
Section 1.
Members’ Easement of Enjoyment. Every member shall have a right and
easement of enjoyment in and to the Common Area and such easement shall be appurtenant to
and shall pass with the title to every assessed lot, subject to the following provisions:
(a)
The right of the Association to limit the number of guests of members;
(b)
The right of the Association to charge reasonable admission and other fees for the
use of any recreational facility situated upon the Common Area;
(c)
The right of the Association, in accordance with its Articles and By-Laws, to
borrow money for the purpose of improving the Common Area and facilities and in aid thereof to
mortgage said property, and the rights of such mortgagee in said property shall be subordinate to
the rights of the homeowners hereunder;
(d)
The right of the Association to suspend the voting rights and right to use of the
recreational facilities by a member for any period during which any assessment against his lot
remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published
rules and regulations;
(e)
The right of the Association to dedicate or transfer all or any part of the Common
Area to any public agency, authority or utility for such purposes and subject to such conditions
as may be agreed to by the members. No such dedication or transfer shall be effective unless an
instrument signed by member entitled to case two-thirds (2/3) of the votes of the Class A
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membership, and two-thirds (2/3) of the votes of the Class B membership, if any, has been
recorded, agreeing to such dedication or transfer, and unless written notice of the proposed action
is sent to every member not less than 30 days nor more than 60 days in advance.
(f)
The right of the Association to adopt and promulgate reasonable rules and
regulations governing the use of common areas.
Section 2.
Delegation of Use.
Any member may delegate, in accordance with the
By-Laws, his right of enjoyment of the Common Area and facilities to the members of his
family, his tenants, or contract purchasers who reside on the property. Functions on Lot 2000
and the pier adjacent thereto, shall require the prior written consent of the Board of Directors.
Section 3.
Title to the Common Area.
The Declarant hereby covenants for itself,
its heirs and assigns, that it will convey fee simple title to the Common Area to the Association,
free and clear of all encumbrances and liens prior to the conveyance of the first lot.
Section 4.
Egress and Ingress.
None of the provisions of Article IV of this
Declaration shall be construed as in anywise restricting the rights of any owner as to ingress and
egress to and from his lot, over and across any portion of the Common Area, which rights of
ingress and egress are hereby specifically granted.
ARTICLE V
COVENANT FOR MAINTENANCE
ASSESSMENTS OR CHARGES
Section 1.
Creation of Member’s Personal Obligations for Payment of Certain
Charges and Assessments. The Declarant for each lot owned within the properties, hereby
covenants, and each owner of any lot by acceptance of a deed therefore, whether or not it shall be
so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay the
Association: (1) annual assessments or charges, and (2) special assessments or charges, as may
be fixed, established and collected from time to time as hereinafter provided. Each such
assessment or charge, together with such interest, costs, and reasonable attorney’s fees, as herein
provided for, shall be the personal obligation of the person who was the owner of such property
at the time when the assessment or charge was made or became due. The personal obligation
shall not pass to his successors in title unless expressly assumed by them.
Section 2.
Basis and Maximum of Annual Assessment of Charges. Until January 1st
of the year immediately following the conveyance of the first lot to an owner, the maximum
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assessment or charge shall be: $___________ for Lots ____ through ____ and $_________ for
Lots ______ through _______. The sale of each Lot not having water frontage shall include a
boathouse or stall to be accessed from Lot ____.
(a)
From and after January 1 of the year immediately following the conveyance of the
first lot to an owner, the maximum annual assessment may be increased by an affirmative vote of
the Board of Directors of the Association each year by not more than ten (10%) per cent above
the maximum assessment for the previous year without a vote of the membership.
(b)
From and after January 1 of the year immediately following the conveyance of the
first lot to an owner, the maximum annual assessment may be increased above ten (10%) per
cent by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy,
at a meeting duly called for this purpose.
(c)
After consideration of current maintenance costs and future needs of the
Association, the Board of Directors may fix the annual assessment or charge at an amount not in
excess of the maximum hereinabove provided for.
Section 4.
Special Assessments or Charges.
In addition to the annual assessments
or charges applicable to that year only the Association may levy a special assessment or charge
for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction,
unexpected repair or replacement of a described capital improvement upon the Common Area,
including the necessary fixtures and personal property related thereto, or to address an unforseen
financial expenditure that has been, or will be, incurred by the Association provided that any
such assessment or charge shall have the assent of two-thirds (2/3) of the votes of each class of
members who are voting in person or by proxy at a meeting duly called for this purpose, written
notice of which shall be sent to all members not less than ten (10) nor more than thirty (30) days
in advance of the meeting setting forth the purpose of the meeting.
Section 5.
Uniform Rate of Assessment of Charge.
Except for variations
occasioned by the differences set out in Article V, Section 2 above, both annual and special
assessments or charges must be fixed at a uniform rate for all lots and may be collected on a
monthly basis.
Section 6.
Quorum for Any Action Authorized Under Section 3 and 4. At the first
meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of members
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or of proxies entitled to cast sixty (60%) per cent of all the votes of each class of membership
shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another
meeting may be called, subject to the notice requirement set forth in Sections 3 and 4, and the
required quorum at any subsequent meeting shall be one-half (½) of the required quorum at the
preceding meeting. No such subsequent meeting shall be held more than sixty (60) days
following the preceding meeting.
Section 7.
Date of Commencement of Annual Assessments or Charges. Due Dates.
The annual assessment or charge provided for herein shall commence as to all lots on the first
day of the month following the conveyance of the common area. The first annual assessment or
charge shall be adjusted according to the number of months remaining in the calendar year. The
Board of Directors shall fix the amount of the annual assessment or charge against each lot at
least thirty (30) days in advance of each annual period. Written notice of the annual assessment
or charge shall be sent to every owner subject thereto. The due dates shall be established by the
Board of Directors. The Association shall upon demand at any time furnish a certificate in
writing signed by an officer of the Association setting forth whether the assessments or charges
relative to a specified lot have been paid. A reasonable charge may be made by the Board of
Directors for the issuance of these certificates. Such certificate shall be conclusive evidence of
payment of any assessment or charge therein stated to have been paid.
Section 8.
Association.
Effect of Nonpayment of Assessments or Charges: Remedies of the
Any assessment or charge which is not paid when due shall be delinquent. If the
assessment or charge is not paid within thirty (30) days after the due date, the assessment or
charge shall bear a late charge of $50 per month. No owner may waiver or otherwise escape
liability for the assessments or charges provided for herein by non-use of the Common Area or
abandonment of his lot.
Section 9.
Exempt Property.
The owners of the following property subject to this
Declaration shall be exempt from the assessments or charges created herein: (a) all properties
dedicated to and accepted by a local public authority; and (b) the Common Area.
ARTICLE VI
ARCHITECTURAL CONTROL
No building, fence, pier, wall or other structure shall be commenced, erected or
maintained upon or connected to the properties, nor shall any exterior addition to or change or
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alteration therein be made until the plans and specifications showing the nature, kind,
landscaping, shape, color, height, vistas, materials and location of the same shall have been
submitted to and approved in writing us to harmony of external design and location in relation to
surrounding structures and topography by the Board of Directors of the Association, acting as the
architectural control committee, or by an Architectural Control Committee composed of three (3)
or more representatives appointed by the Board. In addition to the plans and specifications, the
applicant shall submit for the Committee’s consideration the qualifications of the contractor, a
copy of the contractor’s license and a copy of the contractor’s liability insurance policy.
Following approval of the plans, but prior to commencement of construction, the applicant shall
provide the Committee with a copy of the building permit. The initial Architectural Control
committee shall consist of Jeremy Knicely, Charles Knicely and Josh Knicely. In the event said
Architectural Control Committee fails to approve or disapprove such design and location within
thirty (30) days after said plans and specifications have been submitted to it, approval will not be
required and this Article will be deemed to have been fully complied with. Said thirty (30) day
period shall commence to run from date of written receipt by Architectural Control Committee of
said plans and specifications which may be evidenced by return receipt after submission of said
plans and specifications by certified or registered mail. The Board of Directors or the
Architectural Control Committee may grant a variance from compliance with the regulations
contained herein. Such variance shall be in writing and signed by the Declarant or an officer of
the Association. In addition to approval by the Architectural Control Committee, any additions
to piers, boathouses or stalls on the waterfront lots shall be subject to approval by Cross Lake
Patrol.
ARTICLE VII
MAINTENANCE
The Association shall be responsible for the maintenance of the Common Area. In the
event an owner of any Lot in the Properties shall fail to maintain the premises and the
improvements situated thereon in a manner satisfactory to the Board of Directors, the
Association, after approval by two-thirds (2/3) vote of the Board of Directors, shall have the
right, through its agents and employees, to enter upon said parcel and to repair, maintain, and
restore the Lot and the exterior of the buildings and any other improvements erected thereon.
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The cost of such exterior maintenance shall be added to and become part of the assessment to
which such Lot is subject.
ARTICLE VIII
USE RESTRICTIONS
Section 1.
Land Use and Building Type. No lot shall be used except for residential
purposes. No building shall be erected, altered, placed or permitted to remain on any lot other
than one single-family dwelling not to exceed three stories in height above the ground level of
highest elevation on which any portion of the main building is erected, and a private garage and
such out-buildings as are customarily appurtenant to dwellings, every building to correspond in
style and architecture to the dwelling to which it is appurtenant. No out-building shall exceed
the dwelling to which it is appurtenant in height, number of stories or size. A garage or carport
to house at least two automobiles must be provided on each lot. Nothing in this paragraph shall
be construed to prevent the construction of family entertainment areas, provided that such areas
are approved in advance by the Architectural Control Committee.
Section 2.
Plans and Specifications.
No building or mailbox shall be erected,
placed or altered on any lot until the construction plans and specifications and a plan showing the
location of the structure have been approved by the Architectural Control Committee as to
natural harmony of exterior design with the existing structure and as to location with respect
topography and finished grade elevations. No fence or wall shall be constructed without prior
approval of the Architectural Control Committee as to type, materials, etc.
The Committee’s approval or disapproval as required in these covenants shall be in
writing. In the event the Committee, or its designated representative, fails to approve or
disapprove within thirty (30) days after plans and specifications have been submitted to it, or in
any event if no suit to enjoin the construction has been commenced prior to the completion
thereof, approval will not be required and the related covenants shall be deemed to have been
fully complied with. Such shall not set precedent as an architectural standard, but will remain an
exception.
Section 3.
Fees Payable to the Architectural Control Committee. The Architectural
Control Committee may charge a fee for services attendant approval of plans not to exceed $10
per thousand square feet of floor area of the affected area if plans are submitted for prior
approval. The committee may charge a fee of up to $100 per square foot of total affected floor
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area or fraction thereof, plus reasonable attorney’s fees, if the plans are submitted after
construction has begun.
Section 4.
Dwelling Size. No dwelling erected on any lot shall contain less than 2000
square feet, heated area only, exclusive of garages, carports, storage and other open area.
Section 5.
Lot Size.
No dwelling shall be erected or placed on any lot platted
other than as shown on the approved plat unless approved by The Point at Cross Lake, Inc. No
residential lot or lots shall be resubdivided without prior approval of said corporation. The
special approval of The Point at Cross Lake, Inc. provided in this paragraph terminates
December 1, 2030.
Section 6.
Easements.
Easements for installation and maintenance of utilities and
drainage facilities are reserved as shown on the recorded plat.
Section 7.
Nuisances.
No noxious or offensive activity shall be carried on upon
any lot or pier adjacent thereto, nor shall anything be done thereon which may be or may become
an annoyance or nuisance to the neighborhood. No unsightly condition shall be created on any
lot or permitted to remain thereon which specifically, without limitation by reference thereof,
prohibits the storage and/or repair of a wrecked vehicle and/or vehicles or inoperable watercrafts
on said premises. Any boat or boat trailers on a lot must be stored in an enclosed garage.
Section 8.
Temporary Structures. No structure of a temporary character, trailer,
basement, tent, shack, garage, barn, or other out-building shall be used on any lot at any time as a
residence, either temporarily or permanently.
Section 9.
Signs. No sign of any kind shall be displayed to the public view on any
lot except one sign of not more than five square feet advertising the property for sale, or rent, or
signs used by a builder to advertise the property during the construction and sales period. Signs
of a larger size advertising the subdivision may be erected by the Declarant.
Section 10.
Boats and Piers.
No boathouse, pier and/or bulkhead will be
constructed without prior approval of the Architectural Control Committee who shall have the
unilateral right to approve the design, location and the construction materials of said pier and
bulkhead prior to construction. Approved piers and boat lifts shall not exceed four feet in height
from the average water elevation of Cross Lake. The Association Board of Directors shall have
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the right to adopt and promulgate reasonable rules and regulations relative to the docking and
storage of boats and watercraft at, on or in the vicinity of any lot.
Section 11.
Pets, Livestock and Poultry. No animals, livestock or poultry of any kind
shall be raised, bred or kept on any lot, except that dogs, cats or other household pets (not to
exceed three in number cumulatively) may be kept provided that they are not kept, bred or
maintained for any commercial purposes or kept outdoors. Household pets shall be on a leash at
all times when on the Common Area.
Section 12.
Garbage and Refuse Disposal.
No lot shall be used for or
maintained as a dumping ground for rubbish; trash, garbage, or other waste shall not be kept
except in sanitary containers. Equipment for the storage or disposal of such material shall be
kept in a clean and sanitary condition, and screening provided therefor as approved by the
Architectural Control Committee.
Section 13.
Drainage.
For drainage purposes, the grades and low elevations as left
by the Developer shall be considered the natural drainage.
Section 14.
Transport Vehicles.
Trucks shall not be permitted to park on the streets
of the Subdivision, the Common Area or any of the lots overnight, and no vehicles of any size
which normally transport inflammatory or explosive cargo may be kept in this subdivision at any
time.
Section 15.
Completion of Construction. Construction of a home on a lot, once
started, must be diligently pursued and completed within a reasonable time.
Section 16.
Parking on Common Area.
Parking of automobiles, boats, boat trailers
and other motor vehicles on the Common Area shall be prohibited except to the extent
authorized and permitted by the Association.
Section 17.
Storm Water Retention Lot owners shall comply with any sediment and
erosion control plans filed with the City and Parish.
Section 18. Leasing and Rental No residence may be leased or rented for an excess of
ninety (90) days.
ARTICLE IX
GENERAL PROVISIONS
Section 1.
Enforcement. The Association, or any owner, shall have the right to
enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants,
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reservations, liens and charges now or hereafter imposed by the provisions of this Declaration.
Failure by the Association or any owner to enforce any covenant or restriction herein contained
shall in no event be deemed a waiver of the right to do so thereafter.
Section 2.
Severability. Invalidation of any one of these covenants or restrictions by
Judgment, or Court Order, shall in no wise affect any other provisions which shall remain in full
force and effect.
Section 3.
Amendment. The covenants and restrictions of this Declaration shall run
with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or
the owner of any lot subject to this Declaration, their respective legal representatives, heirs,
successors and assigns, for a term of twenty (20) years from the date this Declaration is recorded,
after which time said covenants shall be automatically extended for successive periods of ten
(10) years. The covenants and restrictions of this Declaration may be amended by an instrument
signed by not less than a majority of the lot owners, and thereafter by an instrument signed by
not less than seventy-five (75%) per cent of the lot owners. Any amendment must be properly
recorded in the Conveyance Records of Caddo Parish, Louisiana.
Section 4.
Annexation.
The Declarant and/or its assigns may develop other
property in the vicinity of the Properties and, at such time include said property by supplemental
declaration under the jurisdiction, terms and conditions of the Association. Upon such
supplemental declaration by Developer all owners of lots lying within the newly added property
shall become Members of the Association with all the rights, privileges and obligations
associated therewith. At the time of said supplemental declaration, Developer shall be given a
Class B membership for each of said lots under terms and conditions identical hereto.
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THUS DONE AND PASSED before me, Notary, and the undersigned competent
witnesses in my office in Shreveport, Caddo Parish, Louisiana, on this the ______ day of
______________, 2016.
Witnesses:
______________________________
The Point at Cross Lake, Inc.
______________________________
By: _____________________________________
By: _____________________________________
____________________________________
Notary Public
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